Mohd. Irfan Ali, v. The State Of Telangana,
THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.34194 of 2015 ORDER:
This Writ Petition was filed assailing the action of the respondent authorities in not considering the petitioner's application for extension of his parole for a further period of six months. By order dated 14.10.2015, this Court took note of the fact that the petitioner's representation dated 06.10.2015 seeking extension of his parole was pending consideration before the State of Telangana, the first respondent, and accordingly directed consideration thereof sympathetically. The respondent authorities were directed not to send the petitioner to jail pending such consideration. Today, the learned Assistant Government Pleader for Home produced a copy of Memo No.8002/LEGAL/A1/2015 dated 28.10.
2015 issued by the Principal Secretary to Government, Home (Legal) Department, Government of Telangana State rejecting the request of the petitioner for extension of his parole. The Superintendent of Jails, Central Prison, Cherlapalli, Ranga Reddy District, was requested to inform the petitioner of the same. Smt. S.Nanda, learned counsel for the petitioner, states that the petitioner was not even informed of the rejection of his representation dated 06.10.2015. The learned Assistant Government Pleader is unable to rebut this averment.
As the freedom of the petitioner is at stake and as the rejection of his request for further extension of his parole gives rise to a fresh cause of action, this Writ Petition is closed leaving it open to the petitioner to take recourse to appropriate remedies in accordance with law, if he is aggrieved by the Memo dated 28.10.2015. However, as the said Memo is handed over to the learned counsel for the petitioner in Court only today, the same shall be kept in abeyance and shall not be given effect to for a period of one week from today. Pending miscellaneous petitions shall also stand dismissed. No order as to costs.
____________________ SANJAY KUMAR, J 3rd NOVEMBER, 2015.
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